Date:
20121106
Docket:
A-341-11
Citation:
2012 FCA 280
CORAM: NOËL J.A.
PELLETIER
J.A.
MAINVILLE J.A.
BETWEEN:
GARY
SAUVÉ
Appellant
and
HER MAJESTY THE QUEEN
IN RIGHT OF CANADA,
RCMP COMMISSIONER GIULIANO
ZACCARDELLI (as he then was),
RCMP COMMISSIONER BEVERLEY BUSSON
(as she then was),
RCMP COMMISSIONER WILLIAM J.S.
ELLIOTT (as he is now),
RCMP JACQUES LEMIEUX and OTHER
RCMP OFFICERS (not known at this time)
Respondents
Heard
at Ottawa, Ontario, on November
6, 2012.
Judgment delivered from the Bench at Ottawa, Ontario, on November
6, 2012.
REASONS FOR JUDGMENT OF THE COURT
BY: NOËL J.A.
Date:
20121106
Docket:
A-341-11
Citation:
2012 FCA 280
CORAM: NOËL
J.A.
PELLETIER J.A.
MAINVILLE
J.A.
BETWEEN:
GARY
SAUVÉ
Appellant
and
HER MAJESTY THE QUEEN IN RIGHT OF
CANADA,
RCMP COMMISSIONER GIULIANO
ZACCARDELLI (as he then was),
RCMP COMMISSIONER BEVERLEY BUSSON
(as she then was),
RCMP COMMISSIONER WILLIAM J.S.
ELLIOTT (as he is now),
RCMP JACQUES LEMIEUX and OTHER
RCMP OFFICERS (not known at this time)
Respondents
REASONS FOR JUDGMENT
OF THE COURT
(Delivered
from the Bench at Ottawa, Ontario, on November 6, 2012)
NOËL
J.A.
[1]
After
considering the appellant’s submissions, we are unable to find any reason for
interfering with the Federal Court judge’s exercise of discretion in striking
the statement of claim without leave to amend.
[2]
The
appeal will be dismissed with costs to be assessed by the Assessment Officer.
“Marc
Noël”
FEDERAL COURT OF
APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-341-11
APPEAL
FROM AN ORDER OF THE HONOURABLE JUSTICE CRAMPTON OF THE FEDERAL COURT DATED
SEPTEMBER 16, 2011, DOCKET NO. T-1-10 (2011 FC 1074).
STYLE OF CAUSE: Gary
Sauvé and Her Majesty the Queen in Right of Canada, RCMP Commissioner Giuliano
Zaccardelli (as he then was), RCMP Commissioner Beverley Busson (as he then
was), RCMP Commissioner William J.S. Elliott (as he is now), RCMP Jacques
Lemieux and Other RCMP Officers (not known at this time)
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: November 6, 2012
REASONS FOR JUDGMENT
OF THE COURT BY: Noël, Pelletier, Mainville JJ.A.
DELIVERED FROM THE
BENCH BY: Noël J.A.
APPEARANCES:
|
Gary Sauvé
|
FOR
THE APPELLANT
(on
his own behalf)
|
|
Abigail Martinez
Agnieszka
Zagorska
|
FOR
THE RESPONDENTS
|
SOLICITORS
OF RECORD:
|
N/A
|
FOR THE APPELLANT
(on his own behalf)
|
|
Myles J. Kirvan
Deputy
Attorney General of Canada
|
FOR THE RESPONDENTS
|
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